James Hunter v. Ernest Trujillo
Opinion
Opinion
MEMORANDUM
James Ray Hunter, an Arizona state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his disciplinary proceedings and confinement in detention and higher custody units. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and its dismissal for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.
The district court properly granted summary judgment because Hunter failed to raise a triable issue of material fact as to whether his confinement in a detention unit and a higher custody facility imposed an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life,” where he provided only a vague comparison of contact-visitation and telephone call privileges. Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). We decline to consider arguments that Hunter presented for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999).